Alaska Supreme Court Explains Why Top-Four Initiative is Constitutional

On October 21, the Alaska Supreme Court issued its opinion in Kohlhaas v state. The opinion is unanimous and is 57 pages. It explains why it had ruled on January 19, 2022, that the top-four initiative is constitutional. The oral argument had been on January 18, and the next day the court had said the initiative is constitutional and that it would explain later. Now it has issued its explanation.

The most interesting part of the decision is the Court’s criticism of the Maine Supreme Court’s 2017 decision that had held that ranked choice voting violates the Maine Constitution, as applied to state office. Maine still lacks ranked choice voting for state office, in general elections (but not primaries) because the Maine Supreme Court ruled that ranked choice voting conflicts with a provision of the Maine Constitution that requires plurality elections for state office.

Schuyler County, Illinois, November 2022 Ballots List Wrong Republican for U.S. Senate

Last week, it was revealed that Schuyler County, Illinois ballots for November 8, 2022, list the wrong Republican nominee for U.S. Senate. The ballots have since been reprinted, but some votes had already been cast. See this story. Schuyler County is an overwhelmingly Republican county; in November 2020, Donald Trump received 71.0% of the vote in the county. Thanks to Bill Redpath for the link.

Republican National Committee Loses Lawsuit in Pennsylvania Supreme Court Over Whether County Election Boards May Let Postal Ballot Errors be Fixed

On October 21, the Pennsylvania Supreme Court affirmed the order of the Commonwealth Court in Republican National Committee v Chapman, 100 MAP 2022. The vote is 3-3, because there are only six justices on the court, due to the death of a justice a few weeks ago. On a tie vote, the ruling of the lower court stands.

The issue was whether county election boards may have procedures to notify a postal ballot voter that there is a problem with the ballot, and give that voter a chance to fix the problem. The Supreme Court did not write any text. Here is the order.

Kentucky State Appeals Court Keeps Republican Judicial Candidate on Ballot

On October 17, a Kentucky State Appeals Court kept Rob Johnson, a Republican, on the ballot as a candidate for trial court judge. He had been challenged on the grounds that he is married to a District Attorney, and therefore could not hear many criminal cases. The court said that is a matter for the voters when they decide whom to vote for. See this story.

NBC News Story on Some Libertarian Nominees for U.S. Senate

NBC News has this story about Libertarian nominees for U.S. Senate in certain states in which the contest between the major party candidates is close.

This year, Libertarians are on the ballot for U.S. Senate in Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Missouri, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Dakota, and Utah. There are 34 states holding U.S. Senate elections.